BILL NUMBER: AB 2714	CHAPTERED  09/08/00

	CHAPTER   362
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   APRIL 13, 2000

INTRODUCED BY   Assembly Member Wesson
   (Coauthors:  Assembly Members Aanestad and Hertzberg)

                        FEBRUARY 25, 2000

   An act to amend Section 1626 of the Health and Safety Code,
relating to blood products.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2714, Wesson.  Blood:  blood products.
   Existing law states the Legislature's intent with respect to
acquisition of blood platelets by health care providers.  Under
existing law, it is unlawful to use blood obtained from a paid donor
in any transfusion with certain exceptions.  One of these exceptions,
applicable after March 15, 1987, and on or before December 31, 2001,
authorizes the use of blood platelets secured from donors through
the hemapheresis process when certain requirements are satisfied.
   This bill would extend the termination date of that exception to
January 1, 2003.  This bill would also delete the statement of the
Legislature's intent with respect to blood platelet acquisition.  The
bill would also require a potential platelet donor to provide a
blood sample prior to donation, in accordance with specified
provisions.  The bill would also require the donor to schedule an
appointment for platelet donation.
   Existing law requires the Assembly Office of Research to conduct a
national review of published materials regarding the benefits and
problems of using paid donors for hemapheresis.  The Assembly Office
of Research was required to report the results of the review to the
Legislature on or before June 30, 1993.
   This bill would delete this provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that California
adopt a completely voluntary system of blood platelet collection and
usage by January 1, 2003.
  SEC. 2.  Section 1626 of the Health and Safety Code is amended to
read:
   1626.  (a) Except as provided in subdivisions (b) and (c), it
shall be unlawful, in any transfusion of blood, to use any blood that
was obtained from a paid donor.
   (b) Subdivision (a) shall not be applicable to any transfusion of
blood that was obtained from a paid donor if the physician and
surgeon performing the transfusion has determined, taking into
consideration the condition of the patient who is the recipient of
the transfusion, that other blood of a type compatible with the blood
type of the patient cannot reasonably be obtained for the
transfusion.
   (c) Subdivision (a) shall not apply to blood platelets secured
from paid donors through the hemapheresis process if all of the
following requirements are satisfied:
   (1) The blood platelets are ordered by a doctor holding a valid
California physician's and surgeon's certificate.
   (2) The blood platelets are secured from a single donor and are
sufficient to constitute a complete platelet transfusion.
   (3) The donor's identification number is recorded on the platelet
label and is kept in the records of the entity providing the blood
platelets for a minimum of five years.
   (4) The donor has been examined by a doctor holding a valid
California physician's and surgeon's certificate, and a repeat donor
is reexamined at least annually.
   (5) The transfusion is performed in a general acute care hospital.

   (6) The blood platelets are processed according to standards
issued by the American Association of Blood Banks, pursuant to
Section 1602.1.
   (7) The donor and blood are tested in accordance with regulations
issued by the State Department of Health Services.
   (8) The entity providing the blood platelets is licensed by the
State Department of Health Services.
   (9) The information that the donor of the blood platelets was
compensated is printed on the label in accordance with Section
1603.5.
   (10) In all instances, a potential donor shall provide a blood
sample, which shall be tested with the standard panel of blood tests
required by the State Department of Health Services for all blood
donations.  The results of the testing shall be obtained, evaluated,
and determined to be acceptable prior to allowing the potential donor
to provide his or her first donation of platelets.  In addition, all
donors shall be required to schedule an appointment for platelet
donation.
   (11) Any entity that is not collecting blood platelets from paid
donors on August 1, 2000, shall obtain written permission from the
director prior to compensating any donor for blood platelets.
   (d) Subdivision (c) shall become inoperative on January 1, 2003.
   (e) (1) Commencing in January 1996, and every year thereafter
through the 2002 calendar year, those blood banks acquiring blood
platelets from paid donors shall report all of the following
information to the State Department of Health Services:
   (A) The specific actions undertaken to obtain blood platelets from
volunteer donors.
   (B) The percentage of compensated and volunteer donors from whom
blood platelets were obtained during the period covered by the
report.
   (C) The number of repeat donors making platelet donations during
the period covered by the report.
   (2) The department shall transmit the information received
pursuant to this subdivision to the Senate Health and Human Services
Committee and the Assembly Health Committee for review by those
committees consistent with subdivision (a).  The department shall
monitor and assess the supply and distribution of hemapheresis
products, and shall recommend to the Legislature any action the
department believes beneficial to the supply, safety, and quality of
blood products used in this state.
   (3) Paragraph (1) of this subdivision is not intended to require
the disclosure and reporting of information that would put the blood
banks at a competitive disadvantage in attracting volunteer donors.
